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THE PEOPLE v. SMITH

No. 40185.

38 Ill.2d 237 (1967)

231 N.E.2d 185

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ROBERT LEE SMITH, Appellant.

Supreme Court of Illinois.

Opinion filed September 29, 1967.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago, (FREDERICK F. COHN and JAMES J. DOHERTY, Assistant Public Defenders, of counsel,) for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE, JAMES KLEIN, and MORTON E. FREIDMAN, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

Robert Lee Smith, the defendant, was charged with theft of an automobile. He waived a jury trial, was tried and found guilty by the court, and was sentenced to imprisonment for not less than two nor more than five years. The Appellate Court, First District, affirmed (73 Ill.App.2d 62), and we granted leave to appeal. The evidence is set...

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